DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

Complaint Case No : RBT/CC/2018/378

Date of Institution   : 25.05.2018/29.11.2021

Date of Decision    : 06.06.2022

Kamal Kishore Sharma son of Sh. Madan Lal Sharma resident of 12, Shri Ram Avenue Majitha Road, Amritsar. 9814003326.

                …Complainant Versus

Metro cash & cary india Pvt. Ltd. Opp. Khanna Paper Mill, fathegarh churrian, Majitha byepass, Amritsar through its Chairman/Managing Director/Principle Officer.  

              …Opposite Parties

Complaint Under Section 12 & 13 of Consumer Protection Act, 1986. As Amended Upto Date.

 

Present: Sh. Baljit Singh Adv counsel for complainant.

Sh. Sumesh Sharma Adv counsel for opposite party.

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Sh. Navdeep Kumar Garg : Member 

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT): 

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 12 & 13 of the Consumer Protection Act, 1986 (as amended upto date) against the Metro Cash & Cary India Pvt. Ltd. (hereinafter referred as opposite party)

2. Brief facts of the case are that the complainant purchased two elite Bandhan Cards bearing Nos. 1004130020081819 and 1004130020081839 for Rs. 1,000/- each to purchase some multiple products for self consumption. It is alleged that the opposite party is in the business of sale in retail and whole sale, grocery and many multiple products. The authorized persons of the opposite party asked the complainant to become the member/customer of them by purchasing of elite Bandhan cards (discount cards). Complainant was eligible to get Rs. 2400/- on each card as discount @ Rs. 200/- per month on the purchase upto next 12 months. It is alleged that the complainant has affected purchases in the month of Dec 2017 to March 2018 and availed discount of Rs. 200/- each in every months purchase on his cards. In the month of March 2018 when the complainant had visited the opposite party to purchase his required goods and after purchasing of goods he was shocked when bill clearance counter holder refused to give monthly discount available on his cards with an excuse that discount is not allowed on below the purchase of Rs. 1000/- each. He told the complainant that now terms and conditions are changed and holders are allowed for the discount on the minimum purchase of Rs. 1000/- on each card. On 30.4.2018 when the complainant reached the opposite party the complainant tried to confirm the already available discount on cards but opposite party's employee totally refused the discount and misbehaved with the complainant. At the time of purchasing the above said cards there was no terms and conditions on the purchase of card holders but after three months the opposite parties imposed above said terms and conditions without prior notice to the card holders. The above said act of the opposite party amounts to deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed for seeking the following reliefs.- 

i) To allow discount to elite Bandhan card of members to his satisfaction or in alternative refund the balance available in the Elite Bandhan Cards alongwith interest @ 18% till the realization. 

ii) To pay Rs. 1,00,000/-  as compensation on account of mental agony and harassment and litigation expenses.   

3. Upon notice of this complaint, the opposite party appeared through one representative but the opposite party failed to file written version despite taking number of opportunities and the right of the opposite party for filing written version stands forfeited vide order dated 9.10.2018.  

3. At the time of filing the present complaint the complainant to support his complaint has tendered his affidavit Ex.CW1 and documents Ex.C-1 to Ex.C-8.  

4. We have heard the Ld. Counsel for the parties and have gone through the documents placed on record by the parties. 

5. The complainant has purchased two elite Bandhan Cards bearing Nos. 1004130020081819 and 1004130020081839 and complainant has produced copy of the said cards as Ex.C-1 & Ex.C-2. The complainant was eligible for 2400/- on each card as discount @ Rs. 200/- per month on the purchase upto next 12 months. The complainant has produced Ex.C-3 to Ex.C-6 the bills of the opposite party in which the complainant got the discount of Rs. 200/- on the said cards. But thereafter the opposite party denied to give the said benefit. To prove this fact the complainant has produced the bills of opposite party i.e. Ex.C-7 & Ex.C-8 in which the said discount was not given by the opposite party to the complainant. The complainant has purchased the above said cards for his self consumption.  in his for Rs. 1,000/- each to purchase some multiple products for self consumption. On notice the opposite party appeared but the opposite party failed to file written version despite taking number of opportunities and the right of the opposite party for filing written version stands forfeited vide order dated 9.10.2018. From the above said discussion, it is proved that there is deficiency in service and unfair trade practice on the part of opposite party. Therefore, the present complaint is partly allowed and the opposite party is directed to refund the purchase amount of the said two  elite Bandhan cards bearing Nos. 1004130020081819 and 1004130020081839 i.e. Rs. 2,000/- alongwith interest @ 7% per annum from the date of filing the present complaint. The opposite party further directed to pay Rs. 5,500 on account of mental agony and harassment and litigation expenses to the complainant. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties free of costs by the District Consumer Commission, Amritsar as per rules. File be sent back to District Consumer Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

       6th Day of June, 2022 

 

            (Ashish Kumar Grover)

            President             

 

(Navdeep Kumar Garg)

Member